The Board of City Commissioners of the City of Shawnee, County of Pottawatomie, State of Oklahoma, met in Regular Session in the Commission Chambers at City Hall, 9th and Broadway, Shawnee, Oklahoma, Monday, March 19, 2007 at 6:30 p.m., pursuant to notice duly posted as prescribed by law. Vice Mayor Peterson presided and called the meeting to order. Upon roll call, the following members were in attendance.

Linda Peterson
Vice Mayor-Commissioner Ward 5

Pam Stephens Tom Schrzan
Commissioner Ward 1 Commissioner Ward 2

Marva O’Neal Timmy Young
Commissioner Ward 3 Commissioner Ward 4

David Daugherty
Commissioner Ward 6

ABSENT: Chuck Mills
Mayor

INVOCATION Reverend Milo Steffen
First Christian Church

FLAG SALUTE Vice Mayor Linda Peterson

AGENDA ITEM NO. 1: Consider approval of Agenda.

A motion was made by Commissioner Daugherty, seconded by Commissioner Young, to approve the Agenda as presented. Motion carried 6-0.

AYE: Daugherty, Young, Peterson, Stephens, Schrzan, O’Neal
NAY: None

AGENDA ITEM NO. 2: Consider approval of Consent Agenda.

a. Minutes from the March 5, 2007 meeting.

b. Budget Amendment in the General Fund and Gifts and Contributions Fund.

c. Transfer of Appropriation in the Shawnee Municipal Authority and the General Fund.

h. Approve a resolution of appreciation to Jerry Bower for his loyal and dedicated service to the City of Shawnee.

Resolution No. 6295 was entered into record.

RESOLUTION NO. 6295 ENTITLED “A A RESOLUTION EXPRESSING APPRECIATION TO JERRY BOWER FOR HIS LOYAL SERVICE TO THE CITY OF SHAWNEE, OKLAHOMA; DIRECTING THAT SAID RESOLUTION BE SPREAD UPON THE OFFICIAL RECORDS OF THE CITY OF SHAWNEE, OKLAHOMA; AND AUTHORIZING A COPY BE PRESENTED TO THE SAID JERRY BOWER.”

Before voting on the Consent Agenda, Vice Mayor Peterson requested that Agenda Item No. 2(i) be pulled for separate consideration.
A motion was made by Commissioner Schrzan, seconded by Commissioner O’Neal, that Consent Agenda Item 2(a-h), less (i), be approved as presented. Motion carried 6-0.

AYE: Schrzan, O’Neal, Young, Peterson, Daugherty, Stephens
NAY: None

Under Consent Agenda Item No. 2(i), lakesite lease transfers, Vice Mayor Peterson questioned again as to why the maps did not indicate dates or distances to the lake using the indicator the “high water” mark. Her understanding was that all maps would have the appropriate information and requested that staff provide this information on all new maps.
A motion was made by Commissioner Young, seconded by Commissioner Stephens, that Consent Agenda Item No. 2(i), lakesite lease transfers, be approved. Motion carried 6-0.

Under Citizens’ Participation, Mr. Mike Little with Westchester Development had positive comments about the progress of the community of Shawnee in the housing industry and his good working relationship with city staff. One problem that he encountered most recently was the short notice by the city about the increase in water tap fees that was placed into effect by an ordinance. He asked the Commission to review the ordinance again in regards to the cost requirements.
Next, Mr. Gregory spoke on behalf of his daughter stating that she was being harassed by police officers when she’s walking in the community.
Mr. Wendell Johnson, citizen, made comments about his desire for the previous police chief to return to Shawnee.

AGENDA ITEM NO. 4: Mayor’s Presentation and Proclamations:

Vice Mayor Peterson presented a Certificate of Appreciation to Reverend Milo Steffen for the invocation and for his assistance through the Ministerial Alliance in obtaining ministers to provide invocations at each city commission meeting.

City Manager Jim Collard presented a plaque and certificate to Diane Beesley, Payroll Technician, as the March employee of the month, in recognition of her excellent and dedicated service to the City of Shawnee. She has been employed with the City for over twenty-two years starting her employment as secretary in the Engineering Department.
Ms. Beesley was present to accept.

AGENDA ITEM NO. 6: Public hearing and consider an ordinance rezoning property located at 319 S. Draper from A-1; Agricultural District to R-1; Single Family Residential District for residential use. (Applicant: Westchester Development).

Vice Mayor Peterson declared a public hearing in session to consider an ordinance to rezone property located at 319 S. Draper for residential use.
Vice Mayor Peterson asked if any persons wished to appear in favor of or in protest of the rezoning. Mr. Mike Little, the applicant, was present on behalf of his application.
Community Development Director Mike Southard gave the staff report noting that the Planning Commission recommended approval of the rezoning.
He noted that the neighborhood has been mis-zoned for over 30 years as A-1, Agricultural District, but none of the lots meet the 5-acre requirements. He indicated that full neighborhood compliance is something that needs to be addressed in the Development Code update; and this request conforms with the Comprehensive Plan and brings the lot into compliance with the current zoning code.
There were no formal written protest filed with the City Clerk. No others appeared and the public hearing was closed.
After due and careful consideration, Ordinance No. 2303NS was introduced and the title read aloud.
ORDINANCE NO. 2303NS ENTITLED “AN ORDINANCE CONCERNING THE ZONING CLASSIFICATION OF THE FOLLOWING DESCRIBED PROPERTY LOCATED WITHIN THE CORPORATE LIMITS OF THE CITY OF SHAWNEE, POTTAWATOMIE COUNTY, OKLAHOMA, TO-WIT: THE NORTH FIFTY (50) FEET OF THE NORTH ONE HUNDRED (100) FEET OF LOT FIVE (5), AMENDED PLAT OF OUTLOT 8, SPAULDING’S ADDITION TO THE CITY OF SHAWNEE, POTTAWATOMIE COUNTY, OKLAHOMA, ACCORDING TO THE RECORDED PLAT THEREOF REZONING SAID PROPERTY FROM A-1; AGRICULTURAL DISTRICT TO R-1; SINGLE FAMILY RESIDENTIAL DISTRICT AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SHAWNEE ACCORDINGLY.”

A motion was made by Commissioner Stephens, seconded by Commissioner Schrzan, that the Title and Section 1 be approved. Motion carried 6-0.

Assistant Airport Manager Jerry Sharp reported that the owners were out of town and unable to attend the meeting and asked that this item be considered at the next city commission meeting.
A motion was made by Commissioner Daugherty, seconded by Commissioner O’Neal, to defer consideration of agreement with Jason Skillern and Brian Thompson d/b/a Slide and Grind Sk8 Shack, LLC to the April 2, 2007 meeting. Motion carried 6-0.

RESOLUTION NO. 6296 ENTITLED “A RESOLUTION DECLARING CERTAIN ITEMS OF PERSONAL PROPERTY SURPLUS AND NO LONGER NEEDED FOR CITY PURPOSES; DESCRIBING SAID ITEMS; AND AUTHORIZING THE SALE OF SAID ITEMS BY SEALED BID.”

A motion was made by Commissioner Daugherty, seconded by Commissioner Stephens, that the Title and Resolution No. 6296 be approved. Motion carried 6-0.

City Treasurer/Finance Director Becky Cragin presented to the Commission a proposal to approve recommendation to out-source the Chief Accountant duties on a temporary basis; and she recommended that the City acquire accounting expertise from Crawford & Associates, Certified Public Accountants and consultants from Oklahoma City.
Also Mr. Richard Finley, CPA, member of the advisory group that assisted the city treasurer in preparing the RFP for auditing services, was present to support Ms. Cragin’s recommendation.
She explained that with the difficulty of filling the chief accountant position, the duties of that position have been hindered. The main duties that needed attention were the following:
· Reconciling the bank statements, pooled cash, interfund receivables
· Recurring journal entries, such as interest allocations
· End of year entries to convert financial statements to GAAP

In the agenda packet was a cover memorandum from the city treasurer and an engagement letter for hiring Crawford & Associates. The purpose of the engagement letter would be to identify the scope of available accounting and consulting services, the specific services anticipated at this time, and confirm the terms of the engagement.
She advised that the remaining amount in the chief accountant salary line item was $30,000 and a beginning purchase order would be for $10,000, not to exceed $20,000 for the fiscal year. She noted that the accounting services to the City of Shawnee from Crawford & Associates would be charged by the hour.
Upon discussion, Commissioners Schrzan and Stephens asked firm and direct questions to the city treasurer about the scope of the duties and about the city not being able to fill the position.
It was Commissioner Daugherty’s concerned about the vagueness of the work and the cost.
A motion was made by Commissioner Daugherty, seconded by Commissioner Stephens, to decline the agreement with Mike Crawford & Associates regarding performance of Chief Accountant duties. Motion carried 4-2.

City Engineer John Krywicki reported that city staff was recommending approval of the agreement with Sac & Fox Nation for construction of Westech Road east of Harrison Street as a three-lane concrete street improvement.
According to the agreement, the Sac & Fox Nation will reimburse the City of Shawnee up to $550,000 for construction costs of the roadway improvement. The estimated cost of the project is at $523,000. Upon satisfactory completion, the City of Shawnee will assume maintenance and repair responsibility as a City street.
A motion was made by Commissioner Schrzan, seconded by Commissioner Young, to approve agreement with Sac & Fox Nation for construction of Westech Road, east of Harrison Street.

City Treasurer Becky Cragin reported that the city was abiding by the IRS ruling that the city attorney and municipal judge positions as independent contractors with the City of Shawnee would be converted to salaries and as employees of the City.
She informed the Commission that Municipal Judge Robert H. Jones had requested that the City pay for the social security and medicare benefit that allow him to continue receiving the amount equal his current pay.
Municipal Judge Robert H. Jones was present and added that he had not asked the City for any raises during his 40 years as the municipal judge.
A motion was made by Commissioner O’Neal, seconded by Commissioner Daugherty, to approve the gross salary for the municipal judge in the amount of $36,065 per year that would include the social security and medicare benefits paid by the City. Motion carried 6-0.

AYE: O’Neal, Daugherty, Stephens, Schrzan, Young, Peterson
NAY: None

AGENDA ITEM NO. 12: New Business (Any matter not known about or which could not have been reasonably foreseen prior to the posting of the agenda)

There was no New Business.

AGENDA ITEM NO. 13: Administrative Reports

Under Administrative Reports, the following reports were given:
*City Engineer John Krywicki gave an update on the city’s participation with OBU on the repaving of the street and relocation of waterline on University Street east of Airport Drive. He also reported on the walking track project at Will Rogers School which is in progress in accordance with the interlocal agreement with the Shawnee School Board of Education.
Next, Commissioner O’Neal brought up the need for a traffic light at Bell and Farrall Street, particularly for safety of pedestrians crossing the street. The request had been previously denied by the Oklahoma Department of Transportation (ODOT) which deemed the area did not warrant the need for a traffic signal.
Upon discussion, it was the consensus of the Commission that the city request again for traffic lights by submitting a resolution. Staff was directed to prepare the resolution for consideration at the next meeting.
*Ms. Toni Gray, Assistant to the City Manager, reported on the Citywide clean up day set for April 14. She relayed a message to the citizens of Shawnee a “thank you” for the support through the “Adopt-a-Unit” program from the family of fallen soldier Huey in Afghanistan.
*Police Chief Bill Mathis reported that the three-day visit to the OBU campus by the Equality Rights group last week was peaceful and the campus was provided with adequate security force from the Police Department.
*Fire Chief Jerry Bower thanked the City Commission, staff, and citizens of Shawnee for his working for the City almost five years and he announced that he was retiring at the end of the month from the Fire Department to take the opportunity to go into private business.
The Commission and city manager expressed their appreciation to Mr. Bower for his service to this city and wished him well.
*City Manger Jim Collard stated that he appointed Fire Marshal Allen Heilaman as Acting Fire Chief and advertising of the position would begin immediately. He mentioned that he would be taking a day of personal leave on Wednesday and Ms. Toni Gray would be the Acting City Manager on that day.

AGENDA ITEM NO. 14: Commissioners Comments

Under Commissioners Comments, Commissioner Stephens commented that she as a Commissioner, a representative of the citizens, rely upon city staff to give accurate information in order for her to make informed decisions.
She mentioned several issues that she felt were not accurate information. One of the main issues she noted was that the water contract with the City of Oklahoma City did not have all the required signatures; in which the city staff had told the Commission it had been completed.
Commissioner Stephens was adamant that city staff be certain that the information given to the Commission by staff is correct and complete.

AGENDA ITEM NO. 15: Adjournment.
There being no further business to be considered, a motion was made by Commissioner Daugherty, seconded by Commissioner O’Neal, that the meeting be adjourned. Motion carried 6-0. (7:58 p.m.)

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